Decriminalization: Difference between revisions
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{{Short description|Reduced or absence of a criminal penalty for certain acts, illegal or legal}} |
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'''Decriminalization |
'''Decriminalization'' is such a dick in law relating to certain acts or aspects of such to the effect that they are no longer considered a [[crime]], including the removal of criminal [[sentence (law)|penalties]] in relation to them. This reform is sometimes applied retroactively but otherwise comes into force from either the [[Bill (law)#Enactment and after|enactment]] of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see: [[legalization]]), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies.<ref>M. G. Grant, ''Playing the Whore'' (Verso/Jacobin, 2014), p. 112</ref> The reverse process is [[criminalization]]. |
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Decriminalization reflects changing social and [[moral]] views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the [[criminal justice]] system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include: |
Decriminalization reflects changing social and [[moral]] views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the [[criminal justice]] system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include: |
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*[[public nudity]] |
*[[public nudity]] |
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*[[Ergogenic use of anabolic steroids|steroid use in sport]] |
*[[Ergogenic use of anabolic steroids|steroid use in sport]] |
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*[[suicide |
*[[suicide] |
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In a [[federalism|federal]] country, acts may be decriminalized by one level of government while still subject to penalties levied by another; for example, possession of a decriminalized drug may still be subject to criminal charges by one level of government, but another may yet impose a monetary fine. This should be contrasted with [[legalization]], which removes all or most legal detriments from a previously illegal act. It has also been noted that while some acts have been decriminalised, such as homosexuality and adultery, others have increased in their criminalization, such as incest.<ref>{{cite journal|title= The Synthetic Necessary Truth Behind New Labour's Criminalisation of Incest| doi=10.1177/0964663913502068 | volume=23|journal=Social & Legal Studies|pages=113–130|year = 2014|last1 = Roffee|first1 = James A.| s2cid=145292798 }}</ref> |
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==Drug-use decriminalization topics== |
==Drug-use decriminalization topics== |
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Revision as of 21:52, 18 June 2023
'Decriminalization is such a dick in law relating to certain acts or aspects of such to the effect that they are no longer considered a crime, including the removal of criminal penalties in relation to them. This reform is sometimes applied retroactively but otherwise comes into force from either the enactment of the law or from a specified date. In some cases regulated permits or fines may still apply (for contrast, see: legalization), and associated aspects of the original criminalized act may remain or become specifically classified as crimes. The term was coined by anthropologist Jennifer James to express sex workers' movements' "goals of removing laws used to target prostitutes", although it is now commonly applied to drug policies.[1] The reverse process is criminalization.
Decriminalization reflects changing social and moral views. A society may come to the view that an act is not harmful, should no longer be criminalised, or is otherwise not a matter to be addressed by the criminal justice system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:
- abortion
- breastfeeding in public
- drug possession, and recreational drug use
- euthanasia
- gambling
- homosexuality
- polygamy[2]
- prostitution
- public nudity
- steroid use in sport
- [[suicide]
Drug-use decriminalization topics
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See also
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References
- ^ M. G. Grant, Playing the Whore (Verso/Jacobin, 2014), p. 112
- ^ "Forum focuses on polygamy woes". Deseret Morning News. April 25, 2007. Archived from the original on June 2, 2009. Retrieved 2009-06-18.
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